What is the Indian law for marriage?
There should not be previous marriages or encumbrances unknown to each other for both the persons and should have sanity of mind and able to enter into contract of marriage. .The legal age for a woman is 18 years and for a man is 21 years.
What are the husbands right to refuse maintenance?
- If the wife deserts h husband.
- If commits adultery or cruelty.
- If the wife has sufficient means to maintain herself.
- If she is married again to another man.
If the wife is capable of maintaining herself, then the husband is not liable to pay the interim maintenance also. Moreover, if the husband is in such a position that he is unable to maintain himself and pay the court fees for the proceeding and the wife can self- sustain, then in such cases also the court may direct the wife to pay such court proceedings fee.
Unconstitutionality of Triple Talaq
- Shayara Bano Vs Union of India & Ors,2017
In the pathbreaking decision by the Supreme Court where it stated that triple talaq violates the fundamental rights of Muslim women as it irrevocably ends a marriage without any hope of restoration and thus, ruling it unconstitutional.
Adultery under S. 497 IPC not Punishable
In September 2018, the Supreme Court declared Section 497 of IPC, an offence of adultery for men unconstitutional and makes a civil ground for divorce.
Changes in the Christian Divorce Laws
In its another landmark decision, the Supreme court has last year held that the divorce granted by the ecclesiastical tribunal under Christian personal law is not valid as it cannot override the law. The ecclesiastical tribunal is governed by the Canon Law which is the personal law of Catholics. However, the court held that any Christian couple who is seeking divorce will have to mandatorily procure a divorce from a civil court. Thus, if a couple has sought marriage annulment from such a tribunal and any of the spouses remarries after the same, it will amount to bigamy. Divorce petition by a civil court is a must for Christians now.
The Supreme Court of India in Seema vs Ashwani Kumar, reported at Judgments Today2006(2) SC, 378, has directed all states in India to enact rules for compulsory registration of marriages irrespective of religion, in a time bound period.